HOA Liens and Foreclosure in Massachusetts
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Massachusetts, and the limits.
Short answer: Yes, for condominiums. A condominium association has a lien on a unit for unpaid common charges, enforced through a court action; Mass. Gen. Laws ch. 183A, § 6; ch. 254, § 5A
| HOA liens and foreclosure | Yes, for condominiums. A condominium association has a lien on a unit for unpaid common charges, enforced through a court action; once a court establishes the lien amount it orders the unit sold, with newspaper notice for 3 successive weeks starting at least 21 days before the sale. The lien has priority over a first mortgage only for up to 6 months of regular common-expense assessments before the enforcement action plus costs and reasonable attorneys' fees (not special assessments, late charges, fines or interest). The association must notify the owner and first mortgagee once charges are 60 days delinquent and give the first mortgagee 30 days' notice before filing suit. A sale under this procedure is free of any right of redemption. |
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More Massachusetts foreclosure & homeowner law
- How Foreclosure Works in Massachusetts
- Redemption and Deficiency Judgments in Massachusetts
- Getting Your Home Back After a Tax Sale in Massachusetts
- All Massachusetts foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Massachusetts?
Yes, for condominiums. A condominium association has a lien on a unit for unpaid common charges, enforced through a court action; once a court establishes the lien amount it orders the unit sold, with newspaper notice for 3 successive weeks starting at least 21 days before the sale. The lien has priority over a first mortgage only for up to 6 months of regular common-expense assessments before the enforcement action plus costs and reasonable attorneys' fees (not special assessments, late charges, fines or interest). The association must notify the owner and first mortgagee once charges are 60 days delinquent and give the first mortgagee 30 days' notice before filing suit. A sale under this procedure is free of any right of redemption.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.